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REPOSSESSION A DWELLING: AMBITIOUS PROJECTS ARE NOT UNREALISTIC

REPOSSESSION A DWELLING: AMBITIOUS PROJECTS ARE NOT UNREALISTIC

Often, the repossession of several residences at the same time by the owner can be badly looked upon by the tenants and even by certain adjudicators at Québec Rental Board. Nevertheless, don't be discouraged by first impressions. When you properly prepare your repossession plan with the help of a legal adviser, ambitious but legitimate projects are possible before the Québec Rental Board.

The following example shows that the repossession of several residences simultaneously is possible. Within the framework of these cases1, the owner repossessed three of the four dwellings in his building. The project was quite involved as it included combining two dwellings into one large dwelling in the shape of a cottage to be occupied by the owners and a third dwelling for the owner's father. Exceptionally, the three tenants are members of the same family. Here, the repossession was granted for the three residences and moving expenses were granted to the three tenants.

These three decisions show us that ambitious projects can be realistic. On the other hand, you should avoid blindly embarking on such a project.

At the hearing, you will need to prove just as the owner did in our example, that the project can be successfully carried out on all levels: financially, obtaining approval from the municipal authorities, and that the owner is determined to see the project through to completion. The project's complexity isn't the most important aspect, but rather its feasibility and the seriousness of the undertaking. In the example give above, in addition to testifying to his intentions and his financial ability, the owner had also obtained a permit from the municipality, including a cancellation of address (in view of the amalgamation of two residences). Failure to complete one or more of these steps will probably cause the owner's plans to fail.

In all housing repossession plans, the adjudicator will be particularly concerned with the credibility of the owner's testimony and, if necessary, of the person for whose benefit the repossession is being carried out. The adjudicator's examination of the facts of the case can go as far as to point out a small error or contradiction between the dates of the events surrounding the repossession of the dwelling. Small errors can adversely influence the adjudicator's decision.

In all cases, consult a qualified legal adviser before starting your project and sending the repossession notice in order to ensure that you are properly counselled on structuring your plans to give them the best possible chances of success.


1 31101029070G; 31 101029 071G ; 31 101130 125G

About the author

Me Jean-Olivier Reed, avocat

Me Jean-Olivier Reed graduated from Collège l'Assomption in legal technology in 1997 and then from the University of Montreal in law in 2001. Member of the bar since 2004, he was a lawyer and building manager from 2004 to 2006.

Lawyer with Messier Soucy lawyers since 2006. He works in real estate law and more particularly in rental law and co-ownership law.

He has written several articles in the newspaper "Le Propriétaire" on various topics dealing with rental law.
He lectures to members of the Quebec Landlords Association on current topics in rental law.

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